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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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In New York State, Suffolk County, can a party paying child

Customer Question

In New York State, Suffolk County, can a party paying child support determine what expenses he will or will not pay for, deduct that money from child support? Esample: He owns house; spouse has use of house for three years and pays all household expenses. He visits children (agreed upon at time of divorce for benefit of children) and does not contribute towards electricity, oil, or any other expenses. He is there for two weeks entertaining his girl-friend, mother, mother's significant other and next week has girlfriend and four other friends visiting. The oild burner stopped working and thus no hot water. He doesn't think he should pay for repairs or maintenance although agreement is a $300 deductible which has been covered already. He will deduct whatever he spends from child support. Help? Can he do this?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
No he cannot just deduct whatever he feels like. It is up to you to either decide between the two of you or you have a right to return to court to get the court to order him to pay and make the decision. Unfortunately, what you are looking to avoid may not happen and that is you may end up needing your lawyer to go back to court, but that is going to be your only recourse here other than to walk away.

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Customer: replied 5 years ago.
I'm not satisfied with your answer. I could reasonably deduce the proper answer but I need to know what the law is, says, so I can quote it back to him. I'm sorry I didn't make this clear.
Expert:  Law Educator, Esq. replied 5 years ago.
Best of luck to you, I will opt out and perhaps another expert will come to assist you.
Expert:  Daniel Solutions replied 5 years ago.
Thank you for allowing us to assist you with this problem.

I agree with the statements of the other attorney. Child Support in New York is governed the Child Support Standards Act, known as the CSSA or simply "the guidelines" and is found in two mirror statutes, Domestic Relation law Sectin 240 and Family court Act Sectoin 413. The DRL is used for actions in Supreme Court, while the FCA applies proceedings in Family Court.

The only way you can force what you are asking is if it was allowed in either of these sections which is not the case. In some other states this may be possible but not in NY.
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience: Practicing Attorney for over 15 years
Daniel Solutions and 5 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Relist: Incomplete answer.
lawyer wanted clarification but couldn't or didn't want to answer and opted out. Simply,
What is the law that states that one cannot make deductions of their own decision from a child support check?
Expert:  Daniel Solutions replied 5 years ago.
Im confused by your follow up post because I did not opt out of the communication.

Im my post I provided you the statute sections that control the issue of child support. As with any child support laws it is structed to show what is used to determine, enforce and require child support. There is not law statute stating what you're asking but rather law forcing payment. If there are deduction not propertly made then your only option is to go back to court and file a contempt petition for the underpayment.
Customer: replied 5 years ago.

I wasn't commenting on your answer. I had a lawyer before you that opted out after my question that you answered. I joined the service. Thought I was following instructions. I couldn't find any place that said get new lawyer to answer so I stated it in this box.


Expert:  Daniel Solutions replied 5 years ago.

Oh. I understand now. No the prior attorney opted out. I apologize because I though I had made it clear I was a different attorney.


I hope you have a good day.

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